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(영문) 서울북부지방법원 2016.12.15 2016고단4224
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2016, at around 12:45, the Defendant, using a cell phone (LG-F180S) of the Defendant’s mobile device (LG-F180S) with a camera function inside the citycang-gu Seoul, intended to photograph the victim’s D (tentative name, n.e., age 52) against the victim’s will, while inserting the cell phone at the lower end, did not photograph it with the wind discovered by the victim, and did not take it into an attempted crime. From the date of 2012 to March 10, 2016, the Defendant tried to take or attempted to take part of the body that could cause sexual humiliation of the victims by the aforementioned method nine times from the date of 2012 to March 10, 2016, such as the list of crimes.

Accordingly, the Defendant, using a mechanical device similar to a camera, intended to take or take a photograph of another person’s body, which may cause sexual humiliation or shame, against the latter’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Restoration video (six files) CDs;

1. Six video files (18 CDs);

1. Investigation report (Attachment of a photograph by capturing a criminal image data), 19 screen images to be taken;

1. Investigation report (Attachment of a photograph of the place where the crime is committed);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of attempted crimes using and photographing cameras, etc.), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs of cameras, etc.)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;

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